Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issue of process - If complainant makes prima facie averments in complaint such as : (a) Drawing of a cheque in favour of the complainant and the cheque having been signed with a specific amount; (b) Dishonour of cheque and intimation thereto by the concerned bank in writing; (c) Issuance of demand..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Delay of 10 days in filing complaint - Application for condonation of delay not filed - Magistrate took cognizance and issued process - Order taking cognizance and issuing process set aside - Case remanded - Magistrate directed to give an opportunity to complainant to file a petition to condone the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Delay of 10 days in filing complaint - Application for condonation of delay not filed - Magistrate took cognizance and issued process - Order taking cognizance and issuing process set aside - Case remanded - Magistrate directed to give an opportunity to complainant to file a petition to condone the..........
Insurance policy -- Medi-claim scheme - Renewal - Delay and latches - Claim denied treating the policy as fresh policy as claim made during first 12 months not payable - Earlier policy expired on 31.10.1998 - Complainant filed proposal form on 20.10.1998 and forwarded the same to insurer for renewal - OPs. 2 and 3 (Banks) working as agent of insurer with respect to..........
Constitution of India, 1950, Article 14, 213, Punjab Agricultural Produce Markets Act, 1961, Section 12A, 35 -- Supression of nominated committees - Amendment Act of 2007 - Vires challenged - Nominated member - Chairman of marketing committee - Validity of Sec. 12-A of the Act where by all the market committees in the State were superseded, challenged on the ground that..........
Indian Penal Code, 1860, Section 173(2)(i) -- Police report - Report that an offence is committed - Magistrate may (1) accept the report and take cognizance of the offence and issue process, or (2) may disagree with the report and drop the proceeding, or (3) may direct further investigation under Section 156(3) and require the police to make a further report - Police..........
Civil suit and criminal complaint -- Quashing of complaint - Court at this stage cannot consider the defence of accused but Court can look to the admitted documents - Criminal proceedings should not be encouraged, when it is found to be mala fide or otherwise an abuse of the process of the Court - Superior Courts while exercising this power should also strive to serve the..........
Service -- Selection process - Rules applicable - Rules prevailing at the time of notification are applicable - However, State may subject to constitutional limitations, amend the rules with retrospective effect...........
Service -- Selection process - Rules prevailing at the time of notification are applicable - However, State in exercise of its power conferred upon it under proviso appended to Article 309 of the Constitution of India, is entitled to make rules with retrospective effect and retro-active operation - In such an event, the applicable rule would not be the rule which was..........
Service -- Selection process - All candidates given same time for preparation - Only because the appellants were employees at the relevant time, the same by itself would not confer on them any special privilege to ask for an extended time - Such employees have no legal right in relation thereto - Moreover, appellants having appeared at the examination without any demur are..........
